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Legal stoush erupts before coroner hands down Lindt Cafe siege findings

Man Haron Monis was on bail at the time of the Lindt Cafe attack.

Man Haron Monis was on bail at the time of the Lindt Cafe attack. Photo: AAP

A legal dispute over the release of information about how federal and state police shared intelligence during the Lindt Cafe siege has emerged as the NSW coroner prepares to hand down his findings.

The NSW Coroner’s Court on Tuesday heard of two Australian Federal Police “technical intelligence reports” (TIR) regarding a backpack worn by gunman Man Haron Monis during the 2014 attack.

Monis had falsely claimed the backpack contained explosives, and the device was a major consideration for police in deciding whether to enter the cafe.

Counsel Assisting the Coroner, Jeremy Gormly SC, told the directions hearing the Commonwealth was in a “state of discomfort” and had claimed breaches of procedural fairness after his team raised further questions.

“What was of interest to us was that the TIR reports didn’t seem to have been given to the police,” he said.

“Our interest was not because we thought they should have been, but it did seem to contribute to an issue that has been running on in the inquest for a very long time, that is the sharing issue.”

Mr Gormly said the AFP also possessed profiles on Monis, and he had sought to know whether they were handed over.

He conceded the material emerged “late in the piece” but said the Commonwealth had over-reacted in a series of “bolshy” letters.

Barrister Peter Singleton, acting for the Commonwealth, took issue with the “very broad and vague” questions, which were posed after the conclusion of evidence in the long-running inquiry.

“My learned friend is proposing that the Commonwealth should informally engage in a process of providing information to inform the outcome of this inquest without keeping the families and other parties informed,” he said.

Solicitors’ letters implied an adverse finding may be drawn, Mr Singleton added, and the Commonwealth “emphatically” rejected such a finding.

The directions hearing also revealed new public interest immunity claims by both federal and NSW police may end up delaying the handing down of findings by Coroner Michael Barnes.

Some hostages have chosen to write personal impact accounts and the submissions from Mr Gormly’s team run to almost 400 pages, he told the court.

The task of replacing names with pseudonyms in the evidence was proving timely, with 13,463 instances of “category one” names across the documents.

In total, there were 6200 pages of transcript.

Two versions of the brief – each with varying redactions and markings – were ordered to be produced by next Friday, before being electronically merged.

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